No decision yet on excavation at scenic Boston Corner farm

BOSTON CORNER — Those hoping the Ancram Planning Board was going to make a ruling at the Thursday, Aug. 5, public hearing regarding the controversial application submitted by excavator Fred Schneeberger to mine 25,000-cubic yards of gravel from a Boston Corner farm in the town’s Scenic Overlay District left disappointed. Although the hearing was closed last week, no decision was rendered, and the board adjourned the matter until Thursday, Sept. 2. That’s when it will reconvene to read the written comments that are being accepted for the next two weeks.

The issue

The problem is that typically, gravel cannot be quarried in Ancram’s Scenic Overlay District, except for on rare occasions. Agricultural uses is one of the town’s few permitted uses. 

Schneeberger, who submitted his application to the Planning Board on May 5 on behalf of Boston Corner farmer John Langdon, explained the excavation is needed because the knoll that must be graded is “steep enough you would have trouble getting [machinery] up and down.” He added Langdon’s farm equipment is “state-of-the-art,” trying to address the concerns of those who have questioned if the farmer is using new or old machinery that can handle the knoll needing to be excavated.

Planning Board Chairman John Ingram explained before the Aug. 5 public hearing that the application is not technically for a gravel mine, as had been the original worry. Ingram explained the application is for “an agricultural use to level out the land to make it more suitable for farming.”

Langdon Hurst Farm is actually owned by Anthony Palumbo of Palumbo Block Co. Inc., and has been for the last 20 or 30 years, according to next-door neighbor Carol Falcetti. The company, which produces gravel, is located in Dover Plains and is described online as “a leader in the manufacturing of concrete block.” 

Langdon has been farming the land for the last two decades and these days grows mostly corn and soy beans to sell as feed for livestock.

Falcetti believes Palumbo wants to mine Langdon Hurst Farm. She said the application is unnecessarily requesting to excavate 25,000-cubic yards of gravel when much less, maybe even 5,000-cubic yards, could be excavated to level the knoll and safely allow Langdon to farm. 

She, along with at least 30 other concerned residents — some living within the Boston Corner neighborhood and some living outside of Boston Corner — submitted yet another letter to the Planning Board. They reiterated that they are deeply concerned about losing the rolling hills in the town’s scenic viewshed. Ancram created its overlay district to protect its ridgeline and steep slopes, which includes 1,164 acres — 4.2% of the town’s total 27,464 acreage.  

“We are not giving up at this point,” said Falcetti after last week’s public hearing, which she described as “interesting” as well as informative. “We’re garnering attention, is what can I say. But it’s only good if it convinces the Planning Board that what we have to say is meaningful to them. It’s also good in the sense that Ancram is concerned with the Scenic Corridor Overlay.” 

Schneeberger, for his part, who was also at the Aug. 5 public hearing, said he feels encouraged, but knows not to count on anything just yet.

“We’re on top of the grass; we’re still alive. It went pretty good,” he said, adding that his client, Langdon, was absent due to an illness in the family. Palumbo reportedly was not present either. “The normal [group of opponents to the project] came out of the woodwork, as usual. Nothing really different than last month [happened]; we have to go back next month. No decision was made.”

Schneeberger added he got an initial OK from the Planning Board to do the work before starting.

Next steps

Falcetti said if the Planning Board ultimately rules in favor of the applicant, she’s not quite sure what her group will do. They’re preparing for the worst, and looking into possibly pursuing an Article 78 challenge, which would mean hiring a costly attorney. Simply stated, an Article 78 proceeding allows one to appeal the decision of a New York State or local agency through the New York judicial system. 

“So we’ve just learned about the Article 78,” she said. “As I said, this is learning experience for all of us. We don’t have a lawyer, we’re just winging it. But we learned that it exists. We will find out more if we lose, and if Palumbo wins.”

She added her main concern is protecting her town’s lovely viewshed, which is one of its strongest features.

“I’m concerned that a flat field will be jarring because it has rolling hills and all of a  sudden we get this flat field,” she said, adding again that she’s open to compromise. “So that’s where I’m at. It would be nice if they could harmonize it.”